Family of man killed by Long Beach police plans lawsuit

Family members of a man killed by Long Beach police plan to file a civil rights lawsuit, the family's attorney said Thursday.

Long Beach resident John DelReal, 39, was shot by an undercover officer in the area of 17th Street and Junipero Avenue on Sept. 26. According to police, DelReal approached the officer in a threatening manner and reached for a shiny metal object in his waistband. Police said the officer identified himself, ordered DelReal to stop and then an officer-involved shooting occurred.

Officers said they later found an aluminum baseball bat concealed in DelReal's waistband.

Attorney Brian Claypool, who is representing the family, gave a different account of the events.

He said DelReal, a father of two, posed no threat to the officer and was actually running away when he was shot in the back of the head and then shot a second time while lying wounded on the ground.

“We have forensic evidence, witness statements and photos that show that Johnny was actually shot in the back of the head in cold blood,” Claypool said. “This is an execution by the Long Beach Police Department.”

Claypool, a Pasadena-based lawyer, previously represented the family of Douglas Zerby, who was unarmed and holding a garden hose nozzle when he was shot to death by police in Belmont Shore in 2010. The officers involved were absolved of any wrongdoing by the Los Angeles County District Attorney's Office, but a civil jury later awarded $6.5 million to Zerby's family.

In a rare move, the Long Beach Police Department on Thursday released new details in response to Claypool's comments, which the department called “grossly inaccurate.”

“The Long Beach Police Department would not normally comment on an officer-involved shooting at this point in the investigation, which is ongoing and incomplete,” the department said in a statement. “However, since a number of public statements made by attorney Brian Claypool are inflammatory, completely inconsistent with the evidence and grossly inaccurate in relation to the incident involving John Del Real (sic) Jr., the department feels compelled to respond.”

Police said DelReal was an admitted member of a known white supremacist gang and had a history of arrests for domestic violence, theft, drugs, exhibiting a deadly weapon and parole violation.

The department provided a photo of the 31-inch aluminum baseball bat that DelReal allegedly had on him during the shooting.

The shooting, police said, stemmed from a long-term investigation into violent crime and drugs in the neighborhood. Over the past several months, patrol and undercover officers have arrested people for weapons and drugs, including methamphetamine, authorities said.

Claypool said DelReal “was no saint,” but he wasn't a gang member.

“The Constitution doesn't differentiate between black, white, Hispanic, thug, homeless or drug dealer, it doesn't matter. He was a human being and a father of two,” he said. “He didn't deserve to be shot by police while he was running away.”

Claypool said he plans to file a civil rights lawsuit within the next few weeks.

The police department is asking witnesses to come forward with information in the incident. They should contact LBPD Homicide Detectives Scott Lasch or Donald Goodman at 562-570-7244 or the LA County District Attorney Justice System's Integrity Division at 213-974-3888.